Category

Class Action

Category

An updated (and reportedly final) text for Europe’s new collective redress regime has been adopted. The European Commission published the agreed text of the directive on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC here. In this article, we consider what is being proposed in this latest draft and what we can expect to happen next. Recap: What has happened so far? On 22 June 2020, the European…

In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey“), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members. The decision arose from a class action filed in British Columbia against a group of 42 foreign companies who manufactured optical disc drives and related products. The plaintiff alleged that the defendants conspired to fix…

Overview of Australia’s class action system Class actions are a well-established dispute resolution mechanism in Australia, under both State and Federal regimes. The threshold requirements for bringing a class action are low: class actions require only that seven or more group members have claims against the same person(s), which are in respect of, or arise out of, the same, similar or related circumstances and give rise to at least one substantial common issue of law…

Multi-party trials are increasingly being used across Europe. In Italy, where class action rules were enacted in January 2010, Parliament recently passed a new bill which will have a material impact on Italian class action law. The new bill is aimed at broadening the scope of class actions and the range of possible claimants. Opt-in system The Italian class action is based on an opt-in system which distinguishes it from class action for example in…